The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Anderson—present Hopgood—present Pappageorge—present

Bieda—present Hune—present Pavlov—present

Booher—present Hunter—excused Proos—present

Brandenburg—present Jansen—present Richardville—present

Casperson—present Johnson—excused Robertson—present

Caswell—present Jones—present Rocca—present

Colbeck—present Kahn—present Schuitmaker—present

Emmons—present Kowall—present Smith—present

Green—present Marleau—present Walker—present

Gregory—present Meekhof—present Warren—present

Hansen—present Moolenaar—excused Whitmer—excused

Hildenbrand—present Nofs—present Young—present

Hood—present

Pastor Kevin McCloud Jr. of City of Love Outreach Ministries of Muskegon offered the following invocation:

Dear Heavenly Father, we thank You for everything You have done. We thank You, God, for leading us. Thank You for giving us the right minds. Father, we thank You for our President, and we thank You for our Senators. God, we thank You for our Governor. We thank You and we pray, Father, that You will lead us as we lead our people.

Bless us in Jesus’ name. Amen.

The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Hopgood moved that Senators Smith and Young be temporarily excused from today’s session.

The motion prevailed.

Senator Hopgood moved that Senators Hunter, Johnson and Whitmer be excused from today’s session.

The motion prevailed.

Senator Meekhof moved that Senator Kahn be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that Senator Moolenaar be excused from today’s session.

The motion prevailed.

The following communication was received and read:

Office of the Auditor General

February 5, 2013

Enclosed is a copy of the following audit report:

Financial audit of the Michigan Economic Development Corporation, a discretely presented component unit of the State of Michigan, for the fiscal years ended September 30, 2012 and September 30, 2011.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The audit report was referred to the Committee on Government Operations.

The Secretary announced that the following bills and joint resolutions were printed and filed on Wednesday, February 6, and are available at the Michigan Legislature website:

I respectfully submit to the Senate the following appointments to office:

Michigan Bean Commission

Greg A. Ackerman of 5486 Dixon Road, Vassar, Michigan 48768, county of Tuscola, representing District 3, succeeding Dennis Englehard, is appointed for a term expiring December 31, 2015.

Clinton A. Stoutenburg of 70 N. Stoutenburg Road, Sandusky, Michigan 48471, county of Sanilac, representing District 4, succeeding himself, is reappointed for a term expiring December 31, 2015.

Allen J. Bischer of 5072 Finkel Road, Minden City, Michigan 48456, county of Huron, representing District 5, succeeding Clifford Roggenbuck, is appointed for a term expiring December 31, 2015.

Neil J. French of 2455 Vassar Road, Reese, Michigan 48757, county of Tuscola, representing processors, shippers and handlers, succeeding Joseph Cramer, is appointed for a term expiring December 31, 2015.

February 6, 2013

Please be advised of the following appointment to office:

Wayne State University Board of Governors

David A. Nicholson of 189 Cloverly Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, succeeding Danialle Karmanos, is appointed for a term expiring December 31, 2018.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Casperson as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

The resolution was adopted, a majority of the members serving voting therefor.

Senator Pappageorge asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Pappageorge’s statement is as follows:

Today, we’re saying goodbye to my chief of staff, Kristen Brown. She’s been with me from the beginning of my first Senate term. She’s been my scheduler, constituent director, legislative director, and now my chief of staff. She started as a Senate page when she was attending Michigan State. She went to work for my predecessor, Senator Shirley Johnson. She also assisted with my campaign, and it’s one of the reasons why I’m here today.

In all, we’ve worked together for seven years. Kristen is moving to Arlington, Virginia, with her family. She will be truly missed by my staff, but it’s a wonderful opportunity for her husband there.

I did warn her about Washington. Washington has this Beltway that goes all around it, and when you look up from the Beltway, you see these baffleplates which people think are to keep the noise out of the neighborhood. Actually, they are degaussing devices, and they make you stupid when you get inside. Then, when you get out, you’re okay again.

The bill was read a first and second time by title and referred to the Committee on Health Policy.

Senator Meekhof introduced

Senate Bill No. 166, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 10a (MCL 460.10a), as amended by 2008 PA 286.

The bill was read a first and second time by title and referred to the Committee on Energy and Technology.

The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.

Senators Bieda, Rocca, Anderson and Gregory introduced

Senate Bill No. 168, entitled

A bill to regulate political activity; to regulate certain candidates for elective office and state and local officials; to require financial statements and reports; to prescribe the powers and duties of certain state and local governmental officers and agencies; to impose fees; to prescribe penalties and civil sanctions; and to provide remedies.

The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.

The standing committee appointments were approved, a majority of the members serving voting therefor.

Statements

Senator Hood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Hood’s statement is as follows:

I rise before you today to bring a little bit of sad news, and I know last week I brought some sad news. I rise to honor a former State Senator, Senator Hart, who passed away on January 31. I know that the Secretary of the Senate in the next week or so will be doing a formal presentation on this, but Senator Hart was a longtime public servant in many capacities, including Dearborn City Council, Wayne County Commission, and the Michigan Senate. He was also a member of several community organizations in and around Dearborn.

I had the chance to get to know Senator Hart. His bright jackets, bright ties, and bright personality made it so that when the Senator came into the room, you’d know he was there. It was always a great treat to walk with Senator Hart in the different parades and things that were going on in the city of Dearborn, and he would always get a great reception from the crowd. He will always be a huge pillar in Michigan politics.

He will be truly missed because he came from the old school of politics. He walked the streets and made sure that he had a connection with his constituents. What I want to add to that, before I end, Madam President, is that last week we talked about others who have passed away, and we’ve had several of those over the past couple weeks. We’ve got to remember through what we do and our challenges every day that we are still human; not just us, but every citizen in the state of Michigan. Family is No. 1. This place will be here when we leave, long after we leave.

Taking care of family, taking care of your friends, and taking care of one another is what we are here for. That’s why God put us here; to take care of one another. Remember, life is short and tomorrow is not a promise. So every day when you leave the house, make sure that your family and your friends know that you care about them and that you love them.

We saw a couple incidents last week where we had a couple fatalities due to weather down on I-75 in Southwest Detroit. Former State Representative Jim Plakas, whom many of you know, one of the gentlemen who were injured or killed in that accident was his cousin. I had a chance to talk to Jim, and I did know the brother of that gentleman. You never know when things are going to happen, so appreciate each day and appreciate each second.

With that, we will always remember Senator Hart and what he has done for the state of Michigan.

A moment of silence was observed in memory of former State Senator George Z. Hart.

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Committee on Reforms, Restructuring and Reinventing submitted the following:

Meeting held on Wednesday, February 6, 2013, at 8:30 a.m., Rooms 402 and 403, Capitol Building